Is this a bait and switch? Please help!

[mark64]

What is the name of your state? SC

Hi folks, Im new here and need some advice.
I was looking for an investment lot and found a realtor to help.
We found a lot in a new development that is not complete (no infastructure).
The lot we choose was a 2 sided water lot according to the development site map.
This lot was already purchased from the developer by an individual so we we buying from them , not the developer.
When contacting the selling agent and reviewing the listing with attached servey, everything was according to what we wanted.
We made an offer, and all was accepted.
Lets call it lot 220.
I received the appraisal and looked at the lot but couldnt tell much from it, all looked like the same lot.
We closed on 12/14/06.
On 12/15/06 I wanted to know when the development would be ready to build on so i called the developer and got a wonderful sale pitch about a handfull of preium lots still available. I told him i would look at their website development site map to let him know.
Well here is where every thing went south.
He informed me that the lot numbers have changed and he would email me a new map.
I got the new map to find lot 220 is not on the water.. It is accually a corner lot.
I then checked the county maps and sure enough the lot I thought I was getting is now lot 225 owned by the developer.
Do I have a case? What are my options.
I feel the seller and selling agent attached a survey map that was misleading and false.

[BelizeBreeze]

Originally Posted by mark64

What is the name of your state? SC

Hi folks, Im new here and need some advice.
I was looking for an investment lot and found a realtor to help.
We found a lot in a new development that is not complete (no infastructure).
The lot we choose was a 2 sided water lot according to the development site map.
This lot was already purchased from the developer by an individual so we we buying from them , not the developer.
When contacting the selling agent and reviewing the listing with attached servey, everything was according to what we wanted.
We made an offer, and all was accepted.
Lets call it lot 220.
I received the appraisal and looked at the lot but couldnt tell much from it, all looked like the same lot.
We closed on 12/14/06.
On 12/15/06 I wanted to know when the development would be ready to build on so i called the developer and got a wonderful sale pitch about a handfull of preium lots still available. I told him i would look at their website development site map to let him know.
Well here is where every thing went south.
He informed me that the lot numbers have changed and he would email me a new map.
I got the new map to find lot 220 is not on the water.. It is accually a corner lot.
I then checked the county maps and sure enough the lot I thought I was getting is now lot 225 owned by the developer.
Do I have a case? What are my options.
I feel the seller and selling agent attached a survey map that was misleading and false.

We can't tell you whether or not you have a case unless we can view all of the documentation ourselves. My advice is to take your closing papers to an attorney for review.

[mark64]

Thanks for the reply.
All the closing papers say I bought lot 220

[BelizeBreeze]

Originally Posted by mark64

Thanks for the reply.
All the closing papers say I bought lot 220

At this point, that doesn't matter. what matters is what the seller knew, when he/she knew it and what, if any, responsibility there was for the seller to amend the documents to reflect the correct position of the lot.

It seems to me that you either have a suit against the seller or the developer but as I said, we can't know anything without a FULL REVIEW of the documents, something only your local real estate attorney can do.

[mark64]

Originally Posted by BelizeBreeze

At this point, that doesn't matter. what matters is what the seller knew, when he/she knew it and what, if any, responsibility there was for the seller to amend the documents to reflect the correct position of the lot.

It seems to me that you either have a suit against the seller or the developer but as I said, we can't know anything without a FULL REVIEW of the documents, something only your local real estate attorney can do.

Thank you very much for this info and helping.
This is what I was thinking also.
As of yesterday, the listing for the lot still shows the attached survey for the water lot.
My buyers agent also said the survey was attached as a water lot.
I have contacted my closing attorney about this yesterday.
Also my agent, which said i will bought a water lot.
Guess Ill be looking for an attorney to file a suit.
I really think the seller and seller agent know of the lot numbering changes and didnt disclose it.

[lcannister]

Originally Posted by mark64

I really think the seller and seller agent know of the lot numbering changes and didnt disclose it.

Now you need PROOF not just the thinking.

Did you ever go look at the lot or just the development site map? Why did you not have your own survey? In retrospect the cost is miniscule compared to what you might have to spend to get this all figured out.

In addition since you could not figure out something was wrong the sellers may have thought the same thing you did when you bought it meaning they sold you what they assumed they owned.

In addition how could the developer just up and change lot numbers if any lots had already been purchased.

Let us know what the Atty says, interesting situation.

Good Luck

[mark64]

Originally Posted by lcannister

Now you need PROOF not just the thinking.

Did you ever go look at the lot or just the development site map? Why did you not have your own survey? In retrospect the cost is miniscule compared to what you might have to spend to get this all figured out.

In addition since you could not figure out something was wrong the sellers may have thought the same thing you did when you bought it meaning they sold you what they assumed they owned.

In addition how could the developer just up and change lot numbers if any lots had already been purchased.

Let us know what the Atty says, interesting situation.

Good Luck

The development has no roads, infastucture or lakes yet so I couldnt get to the accual lot.
The development site has a hugh billboard sign with a site map as well as the website site map.
The survey was done done less than 6 months ago and it was emailed to me in November showing lot 220

The develpoer said they changed the lot numbers due to wetland stuff.

[IndianaOwner]

First, print out, photograph and document everything.

Second, the seller may have bought what was "Lot 220" at that time, then in your deed they referred to it the same...it may really be "Lot 225" now so simply changing the label won't affect anything, but you will need to correct that on the deed. For example, if I buy "Lot 220" and the plat is redone and now label the lot as "Lot 225", then I still own the same lot regardless of what it is called. The seller of "Lot 220" can't sell what they do not own so they couldn't sell the new lot 220 if they owned the old lot 220 (now called Lot 225). This should not be that big of a deal to correct unless the seller misrepresented what they owned but it doesn't sound like that from your post. Replats happen so the title company should be able to clear this up without much of a problem.

[mark64]

Originally Posted by IndianaOwner

First, print out, photograph and document everything.

Second, the seller may have bought what was "Lot 220" at that time, then in your deed they referred to it the same...it may really be "Lot 225" now so simply changing the label won't affect anything, but you will need to correct that on the deed. For example, if I buy "Lot 220" and the plat is redone and now label the lot as "Lot 225", then I still own the same lot regardless of what it is called. The seller of "Lot 220" can't sell what they do not own so they couldn't sell the new lot 220 if they owned the old lot 220 (now called Lot 225). This should not be that big of a deal to correct unless the seller misrepresented what they owned but it doesn't sound like that from your post. Replats happen so the title company should be able to clear this up without much of a problem.

Thanks for your reply, I hope it is this simple.
I took screen shots of the website with todays date, I will take pictures of the giant poster on site monday.
I saved all my emails from my agent with the survey attached.
I kept all the faxes from my agent showing the lot at water.

[lcannister]

You need to take care of this ASAP because if your lot is resold because it is thought you do not own that lot but another then it tangles the mss even more.

[seniorjudge]

Originally Posted by mark64

The development has no roads, infastucture or lakes yet so I couldnt get to the accual lot.
The development site has a hugh billboard sign with a site map as well as the website site map.
The survey was done done less than 6 months ago and it was emailed to me in November showing lot 220

The develpoer said they changed the lot numbers due to wetland stuff.

Selling the wrong lot in a situation such as you describe is fairly common.

But, as others have said here, get it fixed yesterday.

[IndianaOwner]

One question I have is did you just get a deed that said "Lot 220" or was there a survey description instead? The deed may also refer to a date of a plat book too. There is more info needed to see what is really going on here...

[mark64]

We closed on the lot 12/14/06 at 2:00pm
It was filed with the county on 12/15/06 sometime AM.
All the documents show lot 220, when I looked it up on the county records, it is not what was presented to me as the lot for sale. I would not have bought that lot.
I found this issue about 2:00pm on 12/15/06, contacted the closing attorney, they said they would go to the court house first thing Monday 12/18/06 and get the deed or what ever fixed.
I have not received my closing papers back from the attorney as of today 12/16/06.
I will be all over this thing Monday morning.


Thanks again all of you for your support.

[mark64]

I spoke to the closing attorney this morning.
All documents were recorded on Friday, with no way to reverse it.
I have a 9am appointment in the morning with the attorney.
Seems we dont have a bait and switch but more of complete incompitence by everyone involved in putting this deal together.
My agent I think will be most a fault, he was given the info and tax number (parcel number) prior to my offer and all along told me it is a water lot( even mentioned it in an email)
The parcel number shows lot 220 as a corner street lot with no water.
The listing agent never told my agent anything about the re-numbering of the lots.
Also when my agent inquired about the lot 220, the listing agent never mentioned that the advertised (on site map or the web page) was incorrect.
The developer has a huge , on site site map that show lot 220 with 2 sides of water( I took pictures today with time stamp) and their website (still today, I have screan shots with dates and time stamp) shows lot 220 with 2 sides of water.
Also we did a title search which should have shown a lot number change ( it was recorded in April of 06)
Now, here are my questions.
What responsability lays in my hands to make sure the right lot is in the right place?
What is my buyers agent responsable for as far as checking all the documents he recieved?
All the time he was telling me I got a great deal on a lake lot.
What is the sellers agent sesponsabilities? Should they have said somthing about you cant go by any of the developers maps they are wrong?
And what is the developers responsabilities in correcting their website or making a notice on the website stating that the numbering is incorrect or has been changed?
What is the title searchers responsable for? Should the title search shown some sort of lot number change?

[mark64]

I need some advise before I go to the attorney's office in the morn